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Nuvendil said:
DakonBlackblade said:
If the model is not pulled straight from the game and is actualy an original model there is no copyght infingiment. Blizzard is trying to intimidate ppl because even tough they are not infriging any copyrights the whole legal shenaningas is expensive and time consuming and the creators tend to just not try to dispute the clains for that reason.

Wrong.  Copyright Laws protect intelectual property, not physical property.  This is an old misconception.  If I sit down and hand copy with only a handful of small, meaningless edits the entirety of a novel and distributed it for free or for profit, the author of that novel could take me to court and win.  Easily.  Copyrights don't give them ownership of the tracer model, it gives them control of the tracer character.  Also, the character designs are also undoubtedly trademarked, especially Tracer.  Unless the porn in question is of a character vaguely reminiscent of Tracer with non of her distinct characteristics, it will not be sufficiently transformative to pass the fair use test. 

If the model is original, is is suficiently different (they usualy are) and it is not being used for profit (they usualy aren't) it is not an infringement because the creators are using those models in scenarios they create themselves completly unrelated to the games/movies whatever they come from. In your novel example you'd be simply copying the novel, it'd be the same as creating a custom character and using it on a game that is basicaly a copy of Overwatch, the porn case is entirely different from your example.